The Lahore High Court has ruled that a woman does not lose her right to Haq Mehr simply because she seeks khula.
Justice Mohsin Akhtar Kayani issued the 14-page verdict while rejecting a petition filed by Arsalan, who had challenged a family court order directing him to pay dower to his former wife.
The court said family courts have the legal authority to order payment of Haq Mehr where it is due. It also said there is a need for new legislation on the law to remove confusion.
The judgment stated that physical, mental, emotional and financial abuse all fall under the definition of cruelty. It added that a wife’s reliable testimony is enough to prove cruelty in such cases.
The court further clarified that obtaining khula does not automatically cancel a woman’s right to Haq Mehr.
The ruling comes amid wider judicial emphasis on protecting women’s rights, including inheritance rights that the Supreme Court has said cannot be denied through tribal custom or jirga decisions.
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